Just days before it's scheduled to take effect, the ACLU files a lawsuit to strike down initiated act 1.

That act would ban unmarried couples who live together from adopting or fostering children.

The ACLU says it doesn't matter if you're single, married, gay, straight or co-habiting, every prospective foster or adoptive parent should be screened on a case by case basis.

But supporters of act one say the people have already spoken and they're confident the ban will stay on the books.

At today's press conference the ACLU explained they currently have 29 plaintiffs in the suit, and more may follow.

They say whether you're single, married, or living with a partner, your household needs to be examined on a case by case basis when it comes to taking in a child.

But the Family Council Action Committee, the group behind the ban, doesn't think this lawsuit will amount to much.

"To deny a child adoption or to take a child that has already been removed from an abusive home from a loving, caring foster home from a loving, caring foster home is beyond cruel,” says Meredith Scroggin who is against act 1.

"What you heard here today was just blowing a lot of smoke really on the part of the people that have opposed this act from the very beginning,” says Jerry Cox with the Family Council Action Committee.

Representatives from the ACLU say they have also heard from voters who were confused by the wording on the act one ballot and weren't exactly sure what they were voting on.

The Family Council Action Committee says the language on the ballot was perfectly clear.